Wrongful Possession Of Property In Middlesex
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FILING A COMPLAINT FOR EVICTION Both the landlord and the tenant must come to the court hearing. If the landlord or his attorney does not come the complaint may be dismissed. If the tenant does not come, a default judgment may be entered against the tenant allowing the landlord to evict the tenant from the premises.
Only a judge can order a legal eviction. A Complaint must be filed with the Office of the Clerk of the Special Civil Part in the county where the rental premises are located.
A landlord cannot evict tenants or remove their belongings from a rental home without first getting a judgment for possession and then a warrant of removal from the court.
After Judgment for Possession The tenants must notify their landlord if they decide to pursue any of these actions with the court: Tenants can request an Order for Orderly Removal, How To Apply for an Order for Orderly Removal which grants them more time to move out.
Writ of Possession - A Writ of Possession is a court order that grants a person the right of possession of real property that they are not currently in possession of.
Serve the tenant with the Writ of Possession: You must have the Writ of Possession served on the tenant by a sheriff, constable, or other authorized individual. Wait for the tenant to vacate: Once the Writ of Possession is served on the tenant, they must vacate the premises within 24 hours.
To file a complaint contact the Bureau of Housing Inspection at (609) 633-6227 or BHIInspections@dca.nj.
The only thing you can do at this point is file a Motion to Stay Execution of Writ of Possession. This motion will put the execution of the eviction order on hold for up to 10 days.
Once the writ is obtained, the Sheriff will provide notice of the date the property must be vacated. A tenant with a valid lease has protection from removal by the new owner under the New Jersey Anti-Eviction Act, NJSA 2A:18-61.1 et seq.
If the tenant decides not to terminate the lease, the tenant may demand possession of the property from the landlord and may sue whoever has possession of the property. This means that if a previous tenant is still occupying the property, the tenant can evict that previous tenant.
